UMAM AUTOMOBILES Vs. INDO FARM EQUIPMENT LTD.

JUDGEMENT

(1.) The petitioners have filed the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for quashing of impugned order dtd. 25/11/2022 (Annexures P-6) passed by learned Additional Sessions Judge, Chandigarh, in Criminal Appeal No.317/2022 titled as 'M/s Umam Automobiles and another Vs. M/s Indo Farm Equipment Ltd.' whereby while suspending the sentence of the petitioner No.2, he was directed to deposit 20% of the compensation amount awarded by the trial Court within a period of 60 days.

(2.) Brief facts of the case are that petitioner No.1 is a partnership firm having petitioner No.2 as its partner. In order to discharge their legal liability, petitioner No.2 issued a cheque bearing No.899854 dtd. 1/11/2009 amounting to Rs.1,40,00,000.00 in favour of the respondent and when the said cheque was presented by the respondent, the same were dishonoured with remarks 'payment stopped by the drawer' vide memo dtd. 4/12/2009. Thereafter, the respondent issued a legal notice dtd. 30/12/2009 to the petitioners but despite that the petitioners have failed to make the payment. Hence, respondent filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') against the petitioners.

(3.) Vide judgment of conviction and order of sentence dtd. 28/10/2022, petitioner No.2 was held guilty for commission of offence punishable under Sec. 138 of the N.I. Act and sentenced to undergo rigorous imprisonment for a period of 02 year and to pay a compensation of Rs.1,40,00,000.00 to the respondent/complainant in terms of Sec. 357(3) of the Cr.P.C. within 02 months and in default of payment of compensation to further undergo simple imprisonment for 02 months.